S-21-0660 State of Nebraska (Appellee) v. Eighteen Thousand Dollars, U.S. Currency, Christopher Bouldin (Appellant)
Appeal from the District Court for Seward County, Judge James C. Stecker
Attorneys: Lory A. Pasold (Seward County Attorney’s Office for Appellee) and Bradley A. Sipp (Appellant Bouldin)
Criminal: Forfeiture of property
Proceedings Below: On August 1, 2020, Christopher Bouldin was traveling from Virginia to Colorado, and he was stopped by a Deputy Seward County Sheriff for following too close and driving on the shoulder of the highway. Dispatch advised that Bouldin had a criminal history, including a 2016 conviction from Utah for attempted possession of a controlled substance with the intent to distribute. The probable cause affidavit from the 2016 Utah conviction indicated that Bouldin was arrested with twelve pounds of marijuana. Upon learning of this information, the Deputy Seward County Sheriff deployed a certified canine, which alerted to the presence of drugs. A subsequent search of the vehicle yielded $18,000 cash, a vacuum sealer, two boxes of vacuum seal bags, and a spray bottle of disinfectant.
On August 7, 2020, a petition was filed by the Seward County Attorney seeking forfeiture of the $18,000 cash found in Bouldin’s possession. The petition averred that the seized currency was either used or intended to be used to facilitate a violation of the Uniform Controlled Substances Act. The district court found sufficient evidence to order Bouldin’s forfeiture of $18,000. Bouldin filed an appeal challenging the forfeiture of the $18,000, and the case was moved to the Nebraska Supreme Court. The parties have filed briefs in this appeal and the Supreme Court has set the matter for an oral argument.
Issues: On appeal, Bouldin asserts that the district court erred because: 1) the district court incorrectly applied the “clear and convincing standard” instead of the “beyond a reasonable doubt standard” as required by Neb. Rev. Stat. § 28-431; and 2) there is not sufficient evidence under Neb. Rev. Stat. § 28-431 to forfeit the currency in question.